The leave entitlement is regulated by the employment contract. The tariff regulations apply.
According to the German Federal Leave Act, an employee is entitled to at least four weeks’ leave per year. This is equivalent to 24 working days or 20 working days for a 5-days week.
However, the employee must first acquire his days off: he must be from six months in the employment relationship, and then he is entitled to his days off. During the first six months, he may apply for partial leave.
Differences between “working days” (Arbeitstagen) and “business days” (Werktagen)
Business days are all days that are not Sundays or Holidays. Working days are the days we worked on.
- Business days = 6 days per week
- Working days = 5 days per week
When can you take your days off?
The annual days of leave are to be taken within the current year. If an employee can not take his days off within the year, those days may be transferred to the following year. He has then to take those days in the first three months of the year, otherwise the leave entitlement will be forfeited.
The employee always has to apply for leave. If he takes days off without authorization, the employer has the right to terminate their employment relationship. If the employer refuses to authorize the days off, the employee can claim for compensation damages in Court.
Has your leave entitlement been denied? Contact one of our experts! We are here to help you!
Holidays and Sickness
If an employee is sick, the days he is not coming to work are not considered „holiday“. If he falls sick during his holidays, those days are not counted as „days off“: a medical certificate is required.
If the employee is not able to take his days off because of an illness, those days are going to expire.
Days off at the end of an Employment Relationship or during an exemption from work
If the employment relationship is terminated before the holidays have been taken, the employer must pay for those days off. In the case of an exemption, the employer can not offset the “normal” leave to the employee on the exemption period. An exemption from work must not be considered as “holiday”!